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March 2026 – February was a significant month for competition law in Türkiye, marked by important developments including changes to secondary legislation, newly initiated investigations, and published reasoned decisions. The Turkish Competition Authority ("TCA") published decisions covering a wide range of topics, from dominance investigations in online platforms and individual exemption assessments for credit card collaborations to dawn-raid obstruction rulings and assessments of algorithmic pricing mechanisms. In addition to these decisions, the TCA announced the initiation of new investigations in labour markets—a topic that has attracted considerable attention in recent years. This issue of Quick Read provides a concise summary of the most notable competition law developments in Türkiye.
Important Changes to the Turkish Merger Control Regime
The TCA has enacted comprehensive amendments to Communiqué No. 2010/4 on Mergers and Acquisitions Requiring the Approval of the Competition Board (the "Communiqué"), which came into effect following its publication in the Official Gazette No. 33165 on 11 February 2026. The amendments significantly increase the turnover thresholds that trigger filing obligations. The so-called "technology undertaking" exception has also been restructured. Under the previous Communiqué, acquisitions of technology undertakings were not subject to any turnover threshold for the target. The new rules introduce a TRY 250 million threshold for economic units operating in sectors such as digital platforms, software and gaming software, financial technologies, biotechnology, pharmacology, agricultural chemicals, and health technologies. The scope of the exception has also been narrowed: for mergers, at least one party must be a Turkish-based technology undertaking, while for acquisitions, the target must be a Turkish-based technology undertaking. Following the amendment, updates to the TCA's guidelines on merger and acquisition procedures are also expected. You can access our detailed analysis of the Communiqué amendments here.
Dive into February case updates
1. Spotify decision redefines "on-site" inspections in the digital age
In February, the Turkish Competition Board's ("Board") dawn-raid obstruction decision regarding Spotify was published, setting a significant precedent for global digital platforms.1 Beyond the administrative fines imposed, the ruling is particularly notable for confirming that the TCA's investigative powers extend to undertakings without a physical presence in Türkiye.
The decision shows that Spotify was fined 0.05% of its turnover for obstructing the onsite inspection, with an additional daily fine of 0.05% of turnover for each day access to its systems was denied. This occurred after the TCA requested access to employees conducting Türkiye-related operations remotely. The ruling illustrates that "onsite inspection" in the digital context is interpreted functionally, allowing investigations of cross-border digital activities affecting the Turkish market. The Board's Spotify decision underscores the importance for global tech companies to prepare for data access authorisation requests during investigations. You can read our detailed analysis of this decision here.
2. A new approach to algorithmic pricing: the Amazon decision
In its recent investigation into Amazon's automatic pricing mechanism, the Board found no competition law infringement.2 While other online marketplaces—Hepsiburada and Trendyol—concluded their respective cases by submitting commitments to address competitive concerns,3 Amazon initially engaged in commitment discussions before ultimately choosing to discontinue its automatic pricing system in Türkiye entirely.
The Board concluded that Amazon's "buybox" (Competitive Featured Offer) mechanism does not restrict competition by object or effect in its current form. Key factors included the voluntary nature of participation, the absence of any agreements or contacts among sellers, the differentiability of rule sets for each seller, and the rule-based—rather than machine learning—design of the algorithm.
However, the Board identified the "match the buybox price" function as the most sensitive feature, with the potential to increase price rigidity and facilitate coordination. Trendyol and Hepsiburada committed to removing this function from their systems, while Amazon opted to fully deactivate its mechanism. This decision establishes that for algorithmic pricing systems to remain compliant, systems must prioritise voluntary participation, transparency, customisable parameters, and the avoidance of automated price-matching that could lead to parallel pricing behaviour.
3. TCA rules in favour of Yemek Sepeti in courier service tying case
The Board has concluded its investigation into allegations that Yemek Sepeti abused its dominant position by requiring restaurants to use its courier services. The Board ultimately ruled that Yemek Sepeti does not hold a dominant position in the online food delivery platform market, and no administrative fines were imposed.4 The Board's analysis went beyond simple market share, examining order volumes, order values, commission revenues, active user numbers, and the number of partner restaurants, alongside network effects, data ownership, brand recognition, and ecosystem strength. While Yemek Sepeti remains a leading player, the Board noted that the aggressive entry of strong competitors—Trendyol Yemek, Getir Yemek, and Migros Yemek—have significantly eroded its market share. The findings highlighted that restaurants tend to "multi-home", actively participating in alternative platforms.
Regarding the mandatory courier service, the Board found that restaurants had the ability to switch models or leave the platform entirely. The practice was not applied uniformly, with many restaurants acting according to their own logistical preferences. Accordingly, the Board concluded that Yemek Sepeti did not exert unilateral pressure on restaurants, and the practice did not result in foreclosure of the online food delivery market.
While the Board acknowledged that requiring platform couriers could limit a restaurant's commercial autonomy, it determined that the presence of robust competition prevents this from creating long-term market dependency or competitive harm.
4. A New Era in Digital Content Management
The TCA has concluded its investigation into the economic unity comprising Merzigo Holding Anonim Sirketi and Yek Teknoloji Pazarlama Anonim Sirketi regarding allegations of dominant position abuse. The undertaking provides Content Management Services (CMS) that facilitate the global distribution of Turkish TV series on various digital video-sharing platforms such as YouTube.
Following an extensive review of the undertaking's market conduct and agreements with content rights holders, the TCA has accepted a series of binding commitments to address competition concerns. Within the scope of the accepted commitments, the economic unity undertook to:
- Remove exclusivity clauses from contracts with content rights holders under the CMS agreements;
- Limit the number of content items each party may manage to 40%;
- Reduce the duration of contracts exceeding three years down to three years;
- Eliminate minimum guarantees and similar guaranteed payment provisions.
5. TCA grants five-year individual exemption for Miles&Smiles partnerships
Following an individual exemption review conducted by the TCA regarding the "Miles&Smiles Credit Card Partnership Agreements" signed between Turkish Airlines ("THY") and Garanti BBVA and QNB Bank, the Board granted a five-year individual exemption for the relevant agreements.5 The agreements include a restrictive provision preventing the partner banks from establishing similar frequent flyer-mile credit card partnerships with airlines other than THY. However, the TCA determined that this obligation is strictly limited to frequent flyer-mile accrual and redemption. Since the banks remain free to offer other banking products and non-airline partnership cards, the Board concluded that the provision does not preclude an individual exemption.
The Board's analysis found that while THY's market share in frequent flyer programs exceeded 30%, the agreements do not create a foreclosure effect for competing banks or airlines. Furthermore, the Board expects the consumer benefits—such as accumulated miles and redemption opportunities—to manifest as lower prices, broader access, and increased product variety. Given THY's dominant position in the upstream "frequent flyer mile trading market", the Board has limited the exemption period to five years.
6. Onsite inspection obstruction remains key focus in February
In February, the TCA published four additional reasoned decisions concerning the obstruction of onsite inspections, in addition to the Spotify decision. Two of these decisions involved the most common scenario in onsite inspection cases: administrative fines imposed due to the deletion of WhatsApp messages after the inspection had begun.6 The other two decisions concerned administrative fines imposed on employees who did not provide their mobile phones to the inspection team or refused to allow their devices to be examined.7
New Investigations and Oral Hearings Announced
New Investigations:
- Labour market investigation in banking, insurance, and IT sectors:8 The TCA has launched an investigation into a total of 26 undertakings operating in banking, insurance, and information technology sectors over alleged agreements not to poach employees and/or the exchange of competitively sensitive labour market information. Specifically, the investigation covers 13 undertakings in banking,9 four in insurance,10 and nine in information technology/ fintech.11
- Comprehensive investigation into private schools:12 The TCA has launched an investigation into 19 private schools13 following allegations that school enrolment fees were increased significantly; ancillary services such as meals, books/stationery, and school uniforms were priced excessively; certain ancillary services were effectively tied to the provision of educational services; and the acquisition of these services was directed through specific sales channels. The investigation aims to determine whether these practices constitute a violation of Article 4 of Law No. 4054.
Oral Hearings:
- Arkoz Madencilik-Yurt Çimento-Limak Çimento: The oral hearing of the investigation conducted to determine whether Arkoz Madencilik Enerji Sanayi ve Ticaret AS, Limak Çimento Sanayi ve Ticaret AS, and Yurt Çimento Sanayi ve Ticaret AS violated Article 4 of Law No. 4054 was held on 3 March 2026.
- Hybrid Industrial Gherkin Seeds and Hybrid Vegetable and Fruit Seeds: The oral hearing of the investigation14 carried out to determine whether certain undertakings operating in the markets for hybrid industrial gherkin seeds and hybrid vegetable and fruit seeds have violated Article 4 of Law No. 4054 through price-fixing agreements and/or the exchange of competitively sensitive information is scheduled to take place on 10 March 2026.
- Media Markt: The oral hearing of the investigation conducted against Media Markt Turkey Tic. Ltd. Sti. to determine whether it violated Article 4 of Law No. 4054 through indirect information exchange and a hub-and-spoke cartel arrangement is scheduled to take place on 17 March 2026.
Footnotes
1. Spotify (17.07.2025, 25-26/634-392).
2. Amazon (18.04.2025, 25-15/348-164).
4. Yemek Sepeti (22.05.2025, 25-20/488-228).
5. Miles&Smiles Credit Card Individual Exemption (11.09.2025, 25-34/816-478).
6. Duru Pazarlama (20.11.2025, 25-43/1059-606), Seltas Denizcilik (11.09.2025, 25-34/799-469).
7. Provision (06.11.2025, 25-41/998-575), Erkal Nakliyat (11.09.2025, 25-34/800-470).
8. Banking, Insurance and IT Sectors Labour Market (29.01.2026, 26-03/75-M).
9. Akbank Türk AS, Albaraka Türk Katilim Bankasi AS, Denizbank AS, HSBC Bank AS, ING Bank AS, Kuveyt Türk Katilim Bankasi AS, Odea Bank AS, Sekerbank Türk AS, Türk Ekonomi Bankasi AS, Türkiye Garanti Bankasi AS, Türkiye Is Bankasi AS, Yapi ve Kredi Bankasi AS, QNB Bank AS.
10. Agesa Hayat ve Emeklilik AS, Aksigorta AS, Bupa Acibadem Sigorta AS, Katilim Emeklilik ve Hayat AS.
11. Albaraka Teknoloji Bilisim Sistemleri ve Pazarlama Ticaret AS, Architecht Bilisim Sistemleri ve Pazarlama Ticaret AS, Bilin Yazilim ve Bilisim Danismanligi AS, Ibtech Uluslararasi Bilisim ve Iletisim Teknolojileri AR-GE Danismanlik Destek Sanayi ve Ticaret AS, OBSS Teknoloji AS, Paycore Ödeme Hizmetleri Takas ve Mutabakat Sistemleri AS, Softtech Yazilim Teknolojileri Arastirma Gelistirme ve Pazarlama Ticaret AS, Verisoft Bilgi Islem Ticaret ve Sanayi AS, Vizyoneks Bilgi Teknolojileri AS.
12. Private Schools (29.01.2026, 26-03/73-M).
13. Ari Inovasyon ve Bilim Egitim Hizmetleri AS, Ata Bilge Egitim Kurumlari AS, Aydin Yayincilik ve Egitim Hizmetleri Ins. Tic. ve San. AS, Bahçesehir Okullari AS, Bikafen Egitim ve Danismanlik Hizmetleri Ltd. Sti., Bil Egitim Kurumlari AS, Bilnet Egitim Kurumlari AS, Dersmatik Egitim Danismanlik Yayincilik AS, Doruk Kamp Isletmecilik Organizasyon Egitim Danismanlik Turizm Insaat Ticaret Ltd. Sti., Final Egitim Danismanlik Tanitim Organizasyon Yayin San. ve Tic. Ltd. Sti., Istanbul Kavram Egitim Kurumlari Ticaret AS, Istanbul Kule Egitim Kurumlari Ticaret Ltd. Sti., Maya-Gen Egitim Yayincilik Bilgisayar Ins. Gida Turizm Tic. Ltd. Sti., Okyanus Egitim Kurumlari AS, Sinav Basin Yayin Dagitim Org. San. ve Tic. AS, TED Ankara Koleji Vakfi Okullari Iktisadi Isletmesi, Tek Çözüm Egitim Ögretim Basim Yayin Emlak Insaat Turizm Gida Sanayi ve Ticaret Ltd. Sti., Ugur Okullari AS, Yüzyüze Özel Egitim Kurumlari AS.
14. The investigation conducted pursuant to the Board's decisions dated 22 May 2025 and numbered 25-20/478-M, and dated 20 November 2025 and numbered 25-43/1055-M.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
